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Poster: Jonathan Aizen Date: Sep 15, 2002 8:21am
Forum: etree Subject: Re: why no phish?

Kevin Shapiro, Phish's lawyer, will be providing the band's official explanation for why they've elected to remain out of the Archive some time next week.

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Poster: Jonathan Aizen Date: Sep 19, 2002 11:43pm
Forum: etree Subject: Re: Re: why no phish?

Here it is:

Date: Wed, 18 Sep 2002 15:53:50 -0400
To: brewster@archive.org
From: Kevin Shapiro
Subject: Live Performance Archive
Cc: jon@archive.org

Brewster and Jon:

Thank you for contacting Phish on behalf of the Internet Archive's
Etree Project. We realize your project does a public service and we
support your goal of providing universal access to global knowledge

However, we cannot grant permission at this time to copy, compile and
distribute recordings of every concert performed by Phish or related
band member projects. Your ambitious goal of unlimited distribution
of those files as public domain works is not compatible with Phish's
current goal of providing and distributing recordings of the concerts
for commercial use. Audio recordings of Phish performances are not
public domain works but rather are owned exclusively by the band.
Our taping policy grants a limited temporary license to fans to share
those files in a purely non-commerical manner directly with friends.
That policy initially anticipated a person-to-person exchange of
tapes and was later expanded to cd's and most recently audio files.
It does not extend to copying those performances into a mass library
of titles considered by their providers and users to be public domain
works for unlimited universe-wide free distribution.

Further, we are in the process of formulating new and exciting
methods of providing those same recordings online in an official form
directly to our fans. The difficulty of enforcing our rights to
those official recordings in the fast-changing digital world would be
complicated by blanket permission to Internet Archive's Etree Project
to include those files at will as part of a universal free library.

While we leave open the possibility of working with you in the
future, we must request that Phish and band member projects not be
included at this time. Thanks again for your interest and best of
luck with your project.

Yours truly,

--Kevin Shapiro, Dionysian Productions

Reply [edit]

Poster: Diana Hamilton Date: Sep 20, 2002 6:59am
Forum: etree Subject: Re: No Phish or member bands

I updated the policy listing to paste in Kevin's explanation, and also made placeholder policies containing same for members' bands- with NO IMPORT flags on each name. I consulted with Kevin on which bands that covered. So, that should about do it for this chapter.

Meanwhile Phish fans could just check out Raq while they're here. :)

Reply [edit]

Poster: dylelf Date: Oct 5, 2002 11:06pm
Forum: etree Subject: Re: No Phish or member bands

yeah - who is raq?

Reply [edit]

Poster: speegetts Date: Oct 8, 2002 6:03pm
Forum: etree Subject: Re: Re: No Phish or member bands

Who is RAQ? ---- check out 8-31-02 and find out

Reply [edit]

Poster: GJP Date: Sep 15, 2002 10:02am
Forum: etree Subject: Re: why no phish?

I'm really interested to hear the explanation...